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Writer's pictureKate Westall

When Does an Employer Need an Employment Lawyer?

Updated: Sep 9, 2023

Employment legislation is subject to quick change. Every day, courts and government organizations announce fresh interpretations of these laws, sometimes utterly refuting what everyone previously believed the law to entail. It is simple to understand why you need to seek legal counsel when you find yourself in trouble, especially when you consider the possibility that former employees' claims could result in significant damages judgments against the employer. For any type of miscalculation of salary, mismanagement of timing and any kind of harassment that you might face in the workplace, can be solved when you hire a trained employment lawyer.


These are a few situations when an employer needs the services of employment lawyers.


Firing an employee


Before terminating an employee for the sake of misconduct, poor performance, or other undesirable behavior, you should think about seeking legal counsel, especially if you are concerned that the person might file a lawsuit. Employment lawyers can advise you on how to reduce the likelihood of a lawsuit as well as if it will be legal to fire the employee. The right lawyer can handle all your contentious and non-contentious matters that are related to the corporate or government job.


Classifications of employees


Classification problems may impact a sizable section of your staff and increase liability risk. Consider consulting a lawyer for advice before designating a position as nonexempt or exempt or designating a group of people as independent contractors as opposed to employees. You can check out the overall experience of the lawyer and then have a price estimate what the lawyer will take for the amount of time that he or she dedicates to your case.


Lawsuits


Speak with a lawyer straight right away if one of your employees, present or past, sues you. Employment litigation can be incredibly complicated. They should be empathetic, and they should exercise a fair judgment always to ensure redressal to any kind of grievance that you might have. The window of opportunity for taking action is relatively small; many courts demand that you respond to a lawsuit in writing within a few weeks. Look for Employment Lawyers right after learning that you are the target of a lawsuit.


Advice on decisions about employment


You can get assistance from a lawyer in tough employee decision-making. Any decision about employment that will have a significant impact on a lot of employees can also benefit from legal advice. It would be wise to consult an attorney before you take any action, for instance, if you:

  1. Intend to terminate some employees,

  2. Alter your pension plan, or

  3. Stop offering an employee perk.

Employment lawyers can inform you about any potential legal difficulties you might encounter and offer guidance on how to avoid them.


Complaints and claims


Sometimes, an existing or former employee starts a dispute resolution procedure other than a lawsuit. An employee could, for instance, report retaliation, harassment, or discrimination to the U.S. Equal Employment Opportunity Commission or a comparable state agency. In case there is any complaint against the employee also, then also, the employer can hire a trained and professional employment lawyer to handle the case. That is the reason why the employment lawyers work in various organizations, schools, commercial and industrial places and they also have their own chartered firms.


Despite the fact that some employers are capable of managing these administrative issues independently, the majority would probably profit from legal counsel regarding:

  1. The validity of the employee's claim,

  2. How to formulate a defense,

  3. How to deal with an agency investigation, and

  4. How to present evidence at the hearing.

Handbooks and policies


First and foremost, employment lawyers are likely to make sure that your policies do not contravene legal requirements for things like:

Overtime compensation,

  1. Family leave,

  2. Final paychecks, and

  3. Occupational safety and health, to mention a few.

Additionally, a lawyer can look over any text to see whether it might impose unwanted responsibilities on your staff. And a lawyer might suggest that you think about adding more coverage.


Going through documents


Employment-related agreements, such as employment contracts, severance agreements, or releases that you frequently use with your employees can be rapidly reviewed and corrected by a lawyer. Employment lawyers can review your contracts to ensure that they are legally sound and will be upheld by a judge.


Conclusion


You should engage a lawyer in all these circumstances. Once you have decided that it might be wise to speak with a reputable attorney, your next step is to spot the right one.

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